Malkan v NHS Executive (West Midlands) & Ors [2001] UKEAT 200_00_3001 (30 January 2001)

Malkan v NHS Executive (West Midlands) & Ors [2001] UKEAT 200_00_3001 (30 January 2001)

Given the administrative error and the Chairman's explicit instruction that time should run from 10 January 2000 for all parties, it was reasonable for the appellant to rely on that date, justifying an extension of time for lodging the Notice of Appeal.

Citation
[2001] UKEAT 200_00_3001
Parties
Appellant: Mr D H Malkan; First Respondent: Post Graduate Dean, Professor Temple; Second Respondent: Second Respondent; Third Respondent: Third Respondent; Fourth Respondent: Fourth Respondent
Jurisdiction
United Kingdom
Judgment Date
30 January 2001
Procedural Posture
Appeal From Registrar's Order / Application for Extension of Time to Lodge Notice of Appeal
Outcome
Appeal allowed
Legal Topics
Extension of Time, Appeal Procedure, Administrative Error
Civil Procedure Extension of Time Appeal Procedure Administrative Error

Case Brief

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Parties

Mr D H Malkan

Appellant

Post Graduate Dean, Professor Temple

First Respondent

Second Respondent

Second Respondent

Third Respondent

Third Respondent

Fourth Respondent

Fourth Respondent

Procedural Posture

Appeal From Registrar's Order / Application for Extension of Time to Lodge Notice of Appeal

Legal Issues

  1. 1 Whether time for lodging Notice of Appeal should be extended due to administrative error and communication from Tribunal Chairman

Ratio Decidendi

Given the administrative error and the Chairman's explicit instruction that time should run from 10 January 2000 for all parties, it was reasonable for the appellant to rely on that date, justifying an extension of time for lodging the Notice of Appeal.

Court Disposition

Appeal allowed

Orders

  • Time for lodging Notice of Appeal extended until 17 February 2000
  • Notice of Appeal received on 16 February 2000 validated